Sexual Battery - Florida Sexual Assault Laws

Sexual Battery Crime & Punishment in Florida :

The Florida code § 794.011 defines six degrees of the crime sexual battery , each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity Sexual Battery - Charge Description Punishment
Capital felony
If person over 18 sexually batters person under 12. Death
Felony in the first degree
  • If offender is an officer of law.
  • When victim is mentally defective or physically incapacitated.
  • When the victim is mentally incapacitated and does not give consent.
  • When threat of violence is reasonably believed
  • When victim is helpless to resist.
Up to 30 years in Prison
First degree felony
  • If victim is over 12 and force unlikely to cause serious injury and there are multiple perpetrators.
  • If batterer uses deadly weapon on person over 12.
  • Up to 15 years
  • Sentence not to exceed life
Life Felony
If under 18 offender batters victim under 12. Sentence not to exceed life
Second degree felony
If victim is over 12 and force unlikely to cause serious injury. Up to 15 years
Third degree felony
When persons of authority (familial or custodial) solicit the act. Up to 5 years

Florida law allows sexual battery to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the Florida Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Sexual Battery defined in other states :

Sexual Battery is a charge in a total of eleven other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.

State Charge Type(s) Punishment(s)
Georgia Felony; Misdemeanor of a high and aggravated nature; Misdemeanor of high and aggravated nature 1-5 years in prison; Up to 12 months in prison, maximum fine of $5,000; Up to 12 months; $5,000 fine
Indiana Class C felony; Class D felony 4 year sentence; up to $10,000 fine; 1.5 year sentence; up to $10,000 fine
Kansas Class A person misdemeanor Up to 1 year in prison
Louisiana Felony Up to 10 years in prison (with or without hard labor) without probation/parole/ suspension
Mississippi Court determines sentence; 20 years to life; Sentence not more than 30 years, or fined up to $10,000, or both (up to 40 years for subsequent offense); Sentence of not more than 5 years, fine up to $5,000, or both; Up to 30 years (Subsequent offense is up to 40 years)
North Carolina Class A1 misdemeanor Up to 150 days in prison in prison
Ohio Felony of the second degree; Felony of the third degree 2-8 years in prison; 1-5 years in prison
Oklahoma Felony Sentence of 1-15 years
Tennessee Class E felony Maximum of 6 years in prison and a maximum fine $3,000
Virginia Class 1 misdemeanor A maximum of 12 months in prison, and/or a maximum fine of $2,500
Wyoming Misdemeanor Maximum of 1 year in prison, and/or a maximum fine of $1,000

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